Marrying a U.S. citizen is one of the most common ways to obtain a green card. However, not all marriages work out, and if you are separated from your spouse and you have not yet filed Form I-751, Petition to Remove Conditions on Residence, then it is highly advisable that you consult an immigration lawyer.

Form I-751 must be filed by conditional residents who attained status through marriage if they want to remove the conditions of their residence. If your Form I-751 is approved, then your residence will be extended for 10 years.

You will have to specify whether you are “divorced” or “married” when you file Form I-751. However, there is no option for “separated” or “divorce pending.”

It is considered fraudulent to lie on your Form I-751. As such, if you are not currently living with your U.S. spouse and your divorce is pending, then you cannot file Form I-751 as if you are married. Further, you cannot use the same address as your spouse if that is not where you currently reside.

It is not uncommon for divorce proceedings to take six months or longer. As such, your divorce might not be finalized until your two-year green card expires.

If you are in this situation, then your immigration lawyer might advise you to file Form I-751 after your divorce is complete. Although it is required that you file Form I-751 within the 90 days before your two-year green card expires, USCIS officers may excuse the late filing if you provide a reasonable explanation for why you filed late.

If you have questions about Form I-751 or other U.S. immigration matters, contact the O’Brien Law Group. Rusty O’Brien will help you prepare Form I-751 and avoid mistakes that would threaten your chances to remain in the United States. Call 502-400-7890 to schedule a consultation with a green card attorney in Louisville, Kentucky.

What If My Spouse and I Are Trying to Work out Our Marital Problems?

This situation is particularly complicated because, again, you cannot say that you are married and share an address with your spouse if this is not true. Your immigration lawyer may recommend that you go through with the divorce so you can avoid potential issues with Form I-751. If you and your spouse are able to resolve your marital issues, then you can remarry at a later date.

The best way to find out how you should file Form I-751 is to consult an immigration lawyer. Family-based immigration laws are complex, and you will need to provide extensive evidence to avoid problems with U.S. Citizenship and Immigration Services.

Rusty O’Brien will evaluate your situation and help you navigate U.S. immigration laws. Mr. O’Brien is fluent in Spanish, and he has been helping clients with immigration matters for more than 10 years. Call 502-400-7890 to arrange a consultation with a green card attorney in Louisville.